Presenting Archaeology in Court: A Guide to Legal Protection of Sites

Overview

The passage of the Archaeological Resources Protection Act (ARPA) in 1979 was a watershed moment in the movement to protect cultural objects against looting. This brief volume provides practical help to those who wish to use the provisions of ARPA_archaeologists, government land managers, preservation groups, and attorneys_to maximize its protective net. The distinguished group of authors, all veterans of ARPA enforcement efforts, first provides a comprehensive history of passage of the law and highlights some ...

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Presenting Archaeology in Court: A Guide to Legal Protection of Sites

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Overview

The passage of the Archaeological Resources Protection Act (ARPA) in 1979 was a watershed moment in the movement to protect cultural objects against looting. This brief volume provides practical help to those who wish to use the provisions of ARPA_archaeologists, government land managers, preservation groups, and attorneys_to maximize its protective net. The distinguished group of authors, all veterans of ARPA enforcement efforts, first provides a comprehensive history of passage of the law and highlights some key cases that shaped its impact. Other chapters offer concrete instructions on establishing archaeological valuation and assessing damage to cultural sites. A final section provides a menu of legal strategies now available for use to strengthen and extend the provisions of the law. For cultural resource professionals working under ARPA's provisions, this book will be an invaluable, guide for daily practice.

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Editorial Reviews

Journal Of Canadien D'archeologie
It was a pleasant though wistful read to see so many examples of government bureaucracies actively engaged in the enforcement of heritage legislation.
— Neal Ferris
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Product Details

  • ISBN-13: 9780759109087
  • Publisher: AltaMira Press
  • Publication date: 9/28/2005
  • Series: Heritage Resource Management Series
  • Pages: 224
  • Product dimensions: 7.20 (w) x 9.24 (h) x 0.96 (d)

Meet the Author

Sherry Hutt is the Program Manager, National NAGPRA Program, a retired Superior Court judge and a former Assistant US Attorney assigned to prosecute ARPA cases. Marion Forsyth is an attorney in private practice, specializing in cultural resources matters. David Tarler is an attorney and archaeologist working as a contractor to the National Park Service Archeology Program.

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Table of Contents

0 Preface 1 The Origins of ARPA: Crafting the Archaeological Resources Protection Act of 1979 2 Operation Indian Rocks: Interagency ARPA Investigations in the Deserts of Nevada and California 3 ARPA in an International Context: Protecting the Articles of Faith 4 ARPA on Private Lands: The GE Mounds Case 5 Banking on a Public Trust: An Unusual ARPA Case at Ocmulgee National Monument 6 Valuing Archaeological Resources: The SAA Professional Standards for the Determination of Archaeological Value 7 The Archaeological Damage Assessment Report 8 External Value: Addressing Additional Implications of an ARPA Offense 9 Appraisal Evidence as Proof of Damage 10 Model Jury Insutrctions in ARPA Prosecutions: Removing Some of the "Lynch Pins" 11 The Acceptance of Archaeological Value as Evidence in Court 12 The Civil Side of Archaeological Resource Protection 13 Using the Forfeiture Laws to Protect Resources 14 Legal Approaches to International Trafficking in Stolen and Looted Cultural Property 15 Recent International Cases and Prognosis for the Future 16 Appendix: The Archaeological Resources Protection Act

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